对我国公立学校教师法律地位的思考

Research on the legal status of public school teachers in China

公立学校教师法律地位的关键点在于教师是公务员还是劳动者。我国的相关法律规定和国外及台湾地区的立法或改革情况显示,公立学校教师不属于狭义的劳动者,而是具有专门职业特性的公职人员,其权利义务和管理应主要受到教师法的专门规范。

The main point of the legal status of public school teachers in China is that public school teachers are public servants or free laborers. Based on analyzing current laws and relevant regulations in China, as well as legislations or reforms in foreign countries or districts, it shows that public school teachers in China not belong to free laborers （laborer in narrow sense）, actually, they are special public servants or public employees of professional- ism, so rights and obligation of public school teacher should be mainly regulated by Teachers Law.